HR 389 IHCommentsClose CommentsPermalink

To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams.CommentsClose CommentsPermalink

January 10, 2007

Mr. KUHL of New York (for himself and Mr. EHLERS) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Dam Rehabilitation and Repair Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

(a) Definitions- Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (10), (12), (13), (14), and (15), respectively;CommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





`(3) ADMINISTRATOR- The term `Administrator' means the Administrator of FEMA.CommentsClose CommentsPermalink





`(4) DEFICIENT DAM- The term `deficient dam' means a dam that the State within the boundaries of which the dam is located determines--CommentsClose CommentsPermalink





`(A) fails to meet minimum dam safety standards of the State; andCommentsClose CommentsPermalink





`(B) poses an unacceptable risk to the public.'; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (10) (as redesignated by paragraph (1)) the following:CommentsClose CommentsPermalink





`(11) REHABILITATION- The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.'.CommentsClose CommentsPermalink





(b) Program for Rehabilitation and Repair of Deficient Dams- The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following:CommentsClose CommentsPermalink

`SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

`(a) Establishment of Program- The Administrator shall establish, within FEMA, a program to provide grant assistance to States for use in rehabilitation of publicly-owned deficient dams.CommentsClose CommentsPermalink





`(b) Award of Grants-CommentsClose CommentsPermalink





`(1) APPLICATION- A State interested in receiving a grant under this section may submit to the Administrator an application for such grant. Applications submitted to the Administrator under this section shall be submitted at such times, be in such form, and contain such information, as the Administrator may prescribe by regulation.CommentsClose CommentsPermalink





`(2) IN GENERAL- Subject to the provisions of this section, the Administrator may make a grant for rehabilitation of a deficient dam to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. The Administrator shall enter into a project grant agreement with the State to establish the terms of the grant and the project, including the amount of the grant.CommentsClose CommentsPermalink





`(c) Priority System- The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be made under this section.CommentsClose CommentsPermalink





`(d) Allocation of Funds- The total amount of funds appropriated pursuant to subsection (f)(1) for a fiscal year shall be allocated for making grants under this section to States applying for such grants for that fiscal year as follows:CommentsClose CommentsPermalink





`(1) One-third divided equally among applying States.CommentsClose CommentsPermalink





`(2) Two-thirds among applying States based on the ratio that--CommentsClose CommentsPermalink





`(A) the number of non-Federal publicly-owned dams that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health and that are located within the boundaries of the State; bears toCommentsClose CommentsPermalink





`(B) the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States.CommentsClose CommentsPermalink





`(e) Cost Sharing- The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section may not exceed 65 percent of the cost of such rehabilitation.CommentsClose CommentsPermalink





`(f) Authorization of Appropriations-CommentsClose CommentsPermalink





`(1) IN GENERAL- There is authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





`(A) $50,000,000 for fiscal year 2007; andCommentsClose CommentsPermalink





`(B) $100,000,000 for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





`(2) STAFF- There are authorized to be appropriated to provide for the employment of such additional staff of FEMA as are necessary to carry out this section $400,000 for each of fiscal years 2007 through 2009.CommentsClose CommentsPermalink





`(3) PERIOD OF AVAILABILITY- Sums appropriated pursuant to this section shall remain available until expended.'.CommentsClose CommentsPermalink





(c) Conforming Amendment- Such Act (other than section 2) is further amended by striking `Director' each place it appears and inserting `Administrator'.CommentsClose CommentsPermalink

SEC. 3. RULEMAKING.

(a) Proposed Rulemaking- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 of this Act.CommentsClose CommentsPermalink





(b) Final Rule- Not later than 120 days after the date of enactment of this Act, the Administrator shall issue a final rule regarding such amendments.CommentsClose CommentsPermalink